Monday, October 2, 2017
Wrongful Enrichment: A Study of Comparative Law and Culture (Oxford: Hart)
Dr Nahel Asfour, who has lectured on Private Law and Culture, Property and Restitution Law Theory at the University of Vienna and currently lectures on Remedies Law at Tel-Aviv University as teaching fellow, has recently published a comparative legal study of the doctrine of wrongful enrichment.
From the publisher:
This book analyzes enrichment law, its development, and underpinning in social culture within three geographical regions: the United States, western members of the European Union, and the late Ottoman Empire. The regions chosen correspond, though imperfectly, with three different legal traditions, namely, the American, continental, and Islamic traditions.
The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. Nahel Asfour identifies remarkable affinities between poetic tendencies, structures, and default dispositions of wrongful enrichment law and cultural world-views. Asfour offers bold accounts of each region's law and culture, providing fertile grounds for external and comparative elucidations of the legal doctrine.